WPIC 133.04 Carrying a Pistol—Concealed—Elements
11A WAPRAC WPIC 133.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 133.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 133. Weapon Offenses
WPIC 133.04 Carrying a Pistol—Concealed—Elements
To convict the defendant of the crime of carrying a pistol, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant carried a pistol concealed on [his] [her] person;
(2) That the defendant did not have a license to carry the pistol;
(3) That the defendant was not in [his] [her] place of abode or [his] [her] fixed place of business; and
(4) That this act occurred in the [State of Washington] [City of ] [County of ].
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all of the evidence you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use this instruction for carrying a pistol concealed on the person.
See the Comment below for a discussion of burden of proof issues relating to the exceptions to this offense set forth in RCW 9.41.060.
Use WPIC 133.50 (Pistol—Definition) with this instruction.
See WPIC 133.36 (Carrying a Concealed Weapon—Elements). Either of these instructions might apply to carrying a concealed weapon on the person.
In element (4), choose from among the bracketed phrases depending on whether the case is in superior, municipal, or district court. See WPIC 4.20 (Introduction). For a discussion of the phrase “this act” in element (4), see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9.41.050.
The statute states that a person shall not carry a concealed pistol without a license “[e]xcept in the person's place of abode or fixed place of business.” RCW 9.41.060 defines several exceptions to the statutory prohibitions. Among the exceptions is a provision stating that the prohibitions are inapplicable to “[a]ny person while carrying a pistol unloaded and in a closed opaque case or secure wrapper.” It is not clear whether the State must prove the absence of this exception beyond a reasonable doubt or whether this is an affirmative defense that the defendant has the burden of proving. If it is determined that the State has the burden of proof, a separate instruction should be drafted that sets forth this exception and the State's burden of proof. If it is determined that the defendant has the burden of proving this exception, a separate instruction should be drafted that sets forth the exception and explains the defendant's burden. For a detailed discussion of burden of proof issues relating to defenses see WPIC 14.00 (Defenses—Introduction).
Unlike other weapon possession crimes, this statute is one of strict liability with little danger of innocent conduct through unknowing possession, so knowledge is not an implied element. A defendant, however, still may argue “unwitting possession.” City of Seattle v. Briggs, 109 Wn.App. 484, 38 P.3d 349 (2001).
[Current as of December 2019.]
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